Gov. Kasich signs controversial bill to overhaul state takeovers of "failing" school districts

Gov. John Kasich today signed a bill that would put a CEO in charge of school districts taken over by the state, despite widespread complaints about the bill being jammed through the legislature in a single day last month.

(Pablo Martinez Monsivais)

COLUMBUS, Ohio - Gov. John Kasich signed today a controversial bill that drastically changes how the state can step in to run "failing" school districts by creating a new CEO position, allowing mayors to appoint school board members and giving the CEO power to override parts of union contracts.

It's a bill supporters say is needed to change a district that has been ranking at or near the bottom of the state with its test scores for years.

Murry told the Senate Education Committee in its single hearing on the changes that Youngstown has struggled for over a decade to improve its schools.

"Unfortunately, the current academic distress commission model does not provide the tools needed to achieve those goals," he said. "By adopting this amendment into HB 70, the district will have the necessary tools to make the schools work for the children who might otherwise be left behind and never be given the opportunity to reach their God-given potential."

It has also drawn criticism for grabbing too much power from school boards elected by voters. And it has drawn strong opposition from many for the secretive way it was developed and rushed to vote.

It was introduced as a last-minute amendment to another bill last month, had quick hearings and went to an immediate vote by both the House and Senate all within the same day.

"For an institution that often moves at a snail's pace, this is a rare -- and -- a disappointing event," the Ohio School Boards Association said in alert to school boards across the state as it passed in the legislature, calling it a "threat to elected school boards."

The OSBA notice continued: "Regardless of the merits of the amendment, such hasty action is a disservice to the elected board members of Youngstown and the voters of the community. Indeed, it is an affront to every school board member in Ohio and all locally elected officials. Legislation with such far-reaching ramifications is properly the subject of informed debate and discussion. In this case, "legislative process" is a misnomer."

The changes in the bill affect the panels called "Academic Distress Commissions" that step in to oversee school districts after three consecutive years of failing grades on state report cards.

"The reinvention of the commission and the creation of the CEO position, are essential because they ensure that state and local leaders work in partnership to form the commission and that there is one person who is expressly responsible for the day-to-day operations of the district," he said.

that the change is needed to clarify roles of the Commission and the school board, which he said was a problem when he was superintendent in the city.

"A lack of clear authority invested in the academic distress commission led to skirmishes between the commission and the elected members of the school board," he said in testimony. "These disagreements often led to decisions by the commission and the board that were counter to each other, making it impossible for me."

The changes have also received backing from the Fordham Institute and Students First, two right-leaning and pro-school-choice educational advocacy groups active in the state and nationally.

But others have called them huge overreaches.

Senate Minority Leader Joe Schiavoni, a Boardman Democrat, and State Rep. Michele Lepore-Hagan, a Youngstown Democrat, held a town meeting on the issue Monday. They reported significant protest over giving "broad and unprecedented powers to an unelected" CEO.

Schiavoni objected to how fast the change was introduced and passed, all within 12 hours.

And he said he has concerns about the CEO's powers. If a CEO wants to involve the entire community, he said, the new plan could work well. But he said the changes give the CEO the power to dismantle and destroy the district.

Among his concerns: Giving the CEO the power to convert schools into charter schools; requiring staff to inform students about charters, vouchers and other districts they can attend instead; bonuses those other schools can receive if they make gains with Youngstown students; and language in the bill referring to a time when the district may not have any more schools because they have all been closed or turned into charters.

"It feels like they're trying to get as many kids out of the schools as possible," he said.

Members of the state school board also criticized the plan this week. Board member Mary Rose Oakar of Cleveland said substantial legislation should never go to vote without significant hearings.

And board member A.J. Wagner, a former judge in Dayton, said that changing to a mayorally-appointed school board without a local vote may be unconstitutional. He said the state constitution lets each district decide how it will organize its board, but not the state.

"I don't know how they're going to get around that," Wagner said, predicting it would be challenged in court.